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Patna High Court

Arjun BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in the absence of any recovery from the petitioner's conscious possession, bail should be granted subject to prescribed conditions.

Summary

Arjun Baitha was arrested on 19 February 2026 in connection with a case involving the seizure of 185.100 litres of Nepali liquor near the Jamuni river bridge, alleged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act. The petitioner claimed innocence, arguing that the liquor was not recovered from his conscious possession and that he was identified only by a spy and a local chaukidar. The State opposed bail, noting two other similar cases against the petitioner, one of which was already on bail and another pending. The High Court, considering the lack of possession and the circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Act offences.
  • Whether identification by a spy and local chaukidar without recovery from the petitioner's possession justifies continued detention.
  • Whether the existence of other pending cases against the petitioner precludes bail.

Subjects

  • bail
  • prohibition and excise
  • illegal liquor
  • identification
  • possession
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29828 of 2026
                 Arising Out of PS. Case No.-172 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Arjun Baitha S/o Bhagat Baitha Resident of village - Jitpur, P.s.- Jitna, Distt.-
                 East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Ms. Harsha Shashwat, Advocate
                 For the State          :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                    Heard Ms. Harsha Shashwat, learned counsel for the

                   petitioner and Mr. Abhay Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   19.02.2026, in connection with Lakhaura P.S. Case No. 172 of

                   2025, F.I.R. dated 10.06.2025               registered for the offences

                   punishable under Sections 30(a), 32, 41(1) of the Bihar

                   Prohibition & Excise Act.

                                 3. Recovery is of 185.100 litres of Nepali liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. She further submits that it appears from the F.I.R.

                   as well as seizure list that recovery has been made near the

                   bridge of Jamuni river and petitioner has no rule at all in the

                   present occurrence and the name of the petitioner has been
Patna High Court CR. MISC. No.29828 of 2026(2) dt.05-05-2026
                                            2/3




          transpired on the basis of identified by the spy and local

          choukidar. It appears from the F.I.R. itself that nothing has been

          recovered from the conscious possession of the petitioner and

          petitioner has been made accused on the basis of identification

          by the spy and local choukidar. The petitioner is in custody

          since 19.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries two more cases

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in one case and one case is pending for consideration

          before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court No. 01,

          Civil Court, East Champaran at Motihari in connection with

          Lakhaura P.S. Case No. 172 of 2025, subject to the following

          conditions :-
               Patna High Court CR. MISC. No.29828 of 2026(2) dt.05-05-2026
                                                           3/3




                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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